2020 PLP 1675 (SCMR)

SAYYED MAZAHAR ALI AKBAR NAQVI, J.

Petitioner has assailed the jurisdiction of this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 calling in question the order of Single Bench of Peshawar High Court dated 10.07.2020 declining post arrest bail to the petitioner with prayer to grant the same in the interest of safe administration of justice.

2. The petitioner was booked in case FIR No.323/2020 dated 06.04.2020, under sections 302, 365, 34, 419, 420, 468, 471, 170, 171, P.P.C. read with section 15 AA registered with Police Station Saddar District Mardan. As per allegation contained in the crime report it is mentioned that the brother of the complainant namely Janas Khan was abducted in Motorcar bearing registration No. 871-Islamabad and his dead body was later on recovered. The complainant nominated the petitioner in his statement recorded under section 164, Cr.P.C. for the said crime.

3. At the very outset, it has been argued by learned counsel for the petitioner that the petitioner has been falsely roped in this case against the actual facts and circumstances without any legal justification. Contends that time of occurrence is mentioned as "unknown" even in the crime report. Further contends that there is no direct evidence available on the record to connect the petitioner with accusation and as such the case of petitioner squarely falls within the ambit of section 497(2), Cr.P.C. entitling the petitioner for post arrest bail in the given circumstances.

4. On the other hand, the learned Law Officer assisted by learned counsel for the complainant argued that the vehicle bearing number 871 was recovered from the petitioner. Contends that there is very strong suspicious that in fact the deceased was abducted and thereafter he was thrown on some unknown place after commission of his murder. Recovery of vehicle fake number plate is very strong indication that the petitioner is actual perpetrator of the aforesaid crime.

5. We have heard the learned counsel for the parties and gone through the record. There is no cavil to this proposition that the crime report itself discloses that the time of occurrence has been mentioned as 'unknown'. As far as the recovery of vehicle bearing No. 871 white colour is concerned, there is nothing on the record which can specified that said vehicle was properly numbered and it was used through manipulation of its number plate. During the course of investigation it transpired that the actual registration number of the vehicle recovered from "Hujra" of the petitioner is 914-Islamabad, however, the number 871 was used by accused persons for the purpose of committing the aforesaid crime. There is no denial to this fact that there is no direct evidence available on the record. The name of the petitioner was recorded under section 164, Cr.P.C. at belated stage. Applicability and value of the same, as "supplementary statement" would be resolved by the learned trial court after recording of evidence and providing an opportunity of hearing. As far as recovery of dead body is concerned that has not been recovered on the pointation of the petitioner. The question of sharing common intention with co-accused is also within the domain of trial court after recording of evidence. Without commenting upon the material available on the record this Court is of considered view that the case of the petitioner squarely falls within ambit of section 497(2), Cr.P.C. entitling the petitioner for concession of bail.

6. In view of facts and circumstances, leave is granted. As a consequence, this petition is converted into appeal and same is allowed; the petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs. 200,000/- with one surety in the like amount to the satisfaction of the learned trial court/Duty Judge. MWA/K-7/SC Bail granted.